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Promoting a legal strategy to achieve one set of ends can open the door for very different uses; in this case, that of teacher job protections and education rights litigation. In their eagerness to take on teacher job protections, the plaintiffs in Vergara v. State of California and follow-up litigation in New York may be inviting litigation with very different goals for school policy and reform.

Kevin Welner's article is also available in the University of Maryland Law Journal of Race, Religion, Gender and Class.